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The Legal Principles to be applied in case of Overtime Work During the Night Shift

 Under Turkish Labor Law System the total working time is 45 hours per week and the night work is considered on the basis of one day and the maximum amount of this working time is 7.5 hours.


Although it is stipulated by the law that the overtime work cannot be done during the night work, 50% extra fee must be paid for the over time work which exceeds 7.5 hours.


To date SFS has paid normal work fee for 1.5 hours, which exceeds 7.5 hours, SFS is now obliged to pay the balance extra fee. If the night work lasts 9 hours, the overtime work is 1.5 hours and the main part of overtime work fee in the amount of 1,5 TL is paid, the SFL only needs to pay the 50% extra fee, in other words 0,75 TL additional fee for 1.5 hours overtime work.


The Statute of Limitations for the Payment of Overtime Wor

Under the Law the statute of limitation for the employee fee receivables is 5 years. (Art. 32/8 of Turkish Labor Law No.4857) The employees may request the their non paid extra fee for the overtime work which they did within 5 years.


Administrative Penalty

The law requires the written consent of the employee for the overtime work. If there is not a written consent by the employee, the Ministry can issue a penalty in the amount of 246 TRY for each employee.


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